What are the requirements for filing under pre-AIA 37 CFR 1.47(a)?
To file an application under pre-AIA 37 CFR 1.47(a) when at least one joint inventor is available, the following requirements must be met:
- All available joint inventors must make an oath/declaration for themselves and on behalf of the nonsigning inventor
- Proof that the nonsigning inventor cannot be found/reached after diligent effort or refuses to execute the application
- The last known address of the nonsigning inventor must be stated
As stated in MPEP 409.03(a): In addition to other requirements of law (pre-AIA 35 U.S.C. 111(a) and 115), an application deposited in the U.S. Patent and Trademark Office pursuant to pre-AIA 37 CFR 1.47(a) must meet the following requirements…
To learn more:
To learn more:
Topics:
MPEP 400 - Representative of Applicant or Owner,
Patent Law,
Patent Procedure